Menopause in the workplace

There is an argument to be made that menopause cannot be a disability as it is a natural part of the aging process however in circumstances where symptoms of the menopause include hot flushes, brain fog, fatigue, low mood, headaches, weight gain and joint pain it is entirely possible that menopause symptoms could be deemed to be a disability by the Workplace Relations Commission (“WRC”) in certain cases. There has been limited caselaw around the issue of menopause in Ireland to date. In Rotunda Hospital v Siobhan McNally EDA 2148/2021 the Complainant brought claims on grounds of gender and disability alleging victimisation, non-provision of training, failure to provide reasonable accommodation and harassment. On the disability grounds the Complainant stated that she suffered from stress and the effects of the menopause. A final determination of the Labour Court is awaited in that case. In the case of Ann O'Kane v Health Service Executive West EDA084/2007 the Claimant unsuccessfully alleged that she was discriminated against on age grounds in circumstances where menopause queries had been directed to her during an internal interview process. In that case the Labour Court held that no inference of discrimination could be drawn given that the complainant’s age was not referred to at any point.

Risks Relating to Menopause

• Prospective Claims

Typically, women who pass through the menopause suffer varying symptoms meaning that any case would need to be examined on its merits. Give the broad interpretation of “disability” by the WRC it is likely that at least some cases would meet the threshold of a disability. Once a disability has been identified it will trigger an obligation by the employer to make a reasonable accommodation for the impacted employee. This accommodation could impact on a variety of issues such as working conditions and terms of employment. Given that menopause is an age-related condition and is linked to a specific gender separate gender and age discrimination claims could also arise.

• Staff Attrition

Given the current difficulty in acquiring and retaining staff in Ireland and the labour market gap employers may need to place a greater focus on retaining older, more experienced employees. In those circumstances employers need to be live to the fact that female employees impacted by menopause symptoms are more likely to remain if they feel supported within the workplace.

Next Steps

There are currently no additional health and safety obligations placed on employers in relation to menopausal employees other than the employer’s statutory duties under the Health, Safety and Welfare at Work Act, 2005. Having said that given the focus on this issue and the obvious risks attached to this category of employees we would advise employers to consider taking proactive steps to support menopausal employees in order to mitigate against the risk of claims. Those steps could include raising awareness, carrying out risk assessments, providing training to managers to deal with issues that might arise around menopause, delivering that training and reviewing policies and procedures generally. Some organisations have gone one step further and introduced a Menopause Policy setting out an organisation's approach to employees experiencing menopausal symptoms, and the supports those employees can expect to receive. It will be a decision for each employer to determine the most appropriate steps or supports to implement in their organisation.